REVACH L'DAF

brought to you by Kollel Iyun Hadaf of Yerushalayim
daf@dafyomi.co.il    http://www.dafyomi.co.il
& Revach l'Neshamah - http://www.revach.net


Previous Daf
BAVA KAMA 101

Ask A
Question

SUMMARY

If a person gave wood to a carpenter and instructed him to make a chair and he made a bench or vice versa he is Chayav to pay for the value of the wood according to R. Meir.
 
R. Yehudah says if the appreciation of the chair is worth more than the expenses the owner only pays for the expenses but if the expenses are more he only pays for the appreciation. (1)
 
R. Meir agrees with R. Yehudah that if he instructed the carpenter to make a good bench or chair and he made an inferior bench or chair he only pays for the appreciation or the expenses whichever is less. (2)
 
If someone steals dye and grinds it, soaks it and dyes with it he is Koneh the dye with a Shinuy and he pays the value of the dye to the owner.
 
If someone steals already prepared dye and he dyes wool with it he must pay the value of the dye to the owner.
 
If someone steals wool and dye from his friend and he dyes the stolen wool with the stolen dye it is a Safek if returning the dyed wool is also regarded as returning the dye. (3)
 
Ravina says if a monkey takes dye belonging to one person and dyes wool belonging to another person it is a Safek if the owner of the wool must pay for the dye
 
A garment that was dyed from dye that was made from the peels of fruit of Orlah must be burned.
 
The fruit of Orlah is forbidden to eat, to use as a dye, to use as oil for a flame, or to benefit from in any other way.
 
A garment that was dyed from dye that was made from the peels of fruit of Shevi'is must be burned.
 
If a Revi'is of blood from a Meis was absorbed into the floor of a house the items that were in the house prior to the absorption of the blood are Tamei Meis. (4)
 
If more than a Revi'is of blood from a Meis was absorbed into a garment and the garment was brought into a house if when the garment is washed at least of Revi'is of blood comes out the items in the house are Tamei. (5)
 
Dam Tevusah (blood that came from a murder victim and is a Safek if it came out after his death or while he was still alive) is only Metamei d'Rabanan.
 
An inedible plant that is used to make dyes which grows spontaneously on Shevi'is has Kedushas Shevi'is and must be discarded by the time of the Bi'ur and if it is sold the money that is received for it share the same Din. (6)
 
If grape leaves are picked on Shevi'is for food it has Kedushas Shevi'is but if it is picked for fuel it does not have Kedushas Shevi'is.
 
Something that is used for dye has Kedushas Shevi'is because using a dye is similar to eating as the benefit comes at the same time as it is consumed
 
Wood doesn't have Kedushas Shevi'is because it is used for fuel and first it is consumed and turned into coal before it heats the room and it is not similar to eating where benefit comes at the same time as it is consumed.

A BIT MORE

1. R. Yehudah holds that even though the carpenter is Koneh the wood with a Shinuy he must give back the bench or the chair so that he doesn't benefit from the finished utensil and he also doesn't receive his wages for making the bench or chair and the most he receives is his expenses if is worth at least as much as the expenses.
 
2. The carpenter is not Koneh the wood with a Shinuy in this case because he did as instructed; even though he made an inferior product it is not considered a Shinuy and therefore he must return the finished utensil however he doesn't receive his wages because he made an inferior product.
 
3. It is a Safek if dye is used that has been used to dye wool if is the same dye that was stolen and therefore if the dyed wool is returned it is regarded as a Hashavah on the wool, or if it is no longer regarded as dye and retuning the dyed wool is not a Hashavah of the dye. However, if the dyed wool is more valuable than the non-dyed wool that he stole the extra value is payment for the dye that he stole and it is not necessary to pay separately for the dye. The Safek of the Gemara is in a case that the dyed wool is no more valuable than non-dyed wool, or if he stole a monkey along with dye and he dyed the monkey with the dye.
 
4. A Revi'is of blood from a Meis is Mitamei everything that is under the same roof, but once it is absorbed in the ground it no longer is Mitamei, however the items that were under the same roof before it was absorbed are Tamei Meis.
 
5. However, if less than a Revi'is comes out when it is washed it is not Mitamei because the blood that was absorbed in the garment and doesn't come out when it is washed is not Mitamei, even though the absorbed blood is visible on the garment and the appearance of blood is the same as blood, however in this case the blood is Dam Tevusah which is only Mitamei d'Rabanan and therefore the absorbed blood is not Mitamei.
 
6. Produce of Shevi'is may not be used for commerce and therefore it may not be used to dye a garment because that would be regarded as commerce, however it may be used for fuel because just as one may eat the produce of Shevi'is so too he may use it for fuel. The time of the Bi'ur for produce of Shevi'is is when it is no longer available in the fields for the animals to eat.

BRIEF INSIGHT

SHVACH SAMANIM
 
If someone steals wool and dye of his friend and he dyes the stolen wool with the stolen dye if the dyed wool is worth no more than non-dyed wool it is a Safek if returning the dyed wool is also regarded as returning the dye. The Nimukei Yosef says that according to the opinion that a person is Chayav to pay for Dina d'Garmi he must pay for the stolen dye because he placed the dye in a place where the owner can no longer retrieve it. The Shach explains that the Nimukei Yosef understands the case of the Gemara that the dyed wool had gone down in value already by the time he dyed the wool and therefore he is considered a Mazik and he is Chayav if Dina d'Garmi is Chayav. However, other Rishonim understand that at the time that he dyed the wool the dyed wool was worth more than non-dyed wool and it only went down in value afterwards. Therefore since at the time he dyed the wool the dyed wool was worth more than non-dyed wool he is not considered a Mazik at all and even though it went down in price afterwards he is not Chayav even according to the opinion that a person is Chayav for Dina d'Garmi.

QUICK HALACHAH

EXPENSES OR APPRECIATION
 
If someone gives wool to a dyer and the dye ruined the wool he must pay for the value of the wool. If he dyed it with inferior dye or he dyed it a different color than he was instructed, or if someone gives money to a carpenter to make a nice chair and he made an inferior chair or he made a bench, if the appreciation is more than the expenses he must pay the craftsman the expenses but if the expenses were more than the appreciation he pays for the appreciation. (Shulchan Aruch CM 306:3)

Next Daf

Index to Revach for Maseches Bava Kama


MAIN BAVA KAMA PAGE

KIH Logo
D.A.F. Home Page

Other Masechtos  •  Join Mailing Lists  •  Ask the Kollel
Dafyomi Calendar  •  חומר בעברית
Donations  •  Feedback  •  Dafyomi Links